1. Utah Division of Water Rights
Current Water Right Issues
Rural Water Users Association
August 24, 2007
June 21, 2004

3. STATE ENGINEER DUTIES Water Right Administration Water Well Drillers
Applications
Distribution
Court Proposals (General Adjudication)
Enforcement
Records
Water Well Drillers
Stream Environment
Dam/Water Structure Safety

4. Utah Law Basic Concepts
Water property of the public
Water right obtained through application
Beneficial use is the basis, the measure, and limit of all rights.
Failure to use / loss of right
First in time, first in right

5. Establishing a Water Right
Diligence Claim
Surface water uses prior to 1903
Ground-water uses prior to 1935
Court Decree
Applications filed with State Engineer
Federal Reservations

6. Application Process Certificate Develop, proof of beneficial use
File application in proper form
Advertise for 2 consecutive weeks
20 day protest period
Protested?
Hearing
Approval or rejection
Reconsideration/Judicial Review
Develop, proof of beneficial use
Certificate

7. Water
Appropriation Policy

8. Approval Criteria Unappropriated water in source.
Will not impair existing rights.
Physically and economically feasible.
Not monopolistic / speculation.
In the public interest / welfare.

9. Changing a Water Right Point of diversion. Place of use.
Nature of use.
Period of use.
Pertinent issues:
Same approval criteria as appropriations
No enlargement (give to get)
Must be entitled to use of water

10. Nonuse/Forfeiture
Pressure to beneficially use water or allow right to revert to the public for other use
5 years triggers, 15 years erases
Judicial action to finalize
Nonuse application exempts
Date water was last used
Must be extended or placed back to use***
Poor policing fuels speculation/uncertainty
Ignoring promotes monopoly

11. Tricky Issues All water rights may not be of record
Ownership/appurtenance/recording
Head in underground water is not a right
Nonuse/Forfeiture
Evaluation of equivalent use
Change still looks at sources
Surface to underground changes

12. Municipal Water Rights
Operate the same as other water rights
Who is a public water supplier?
What is the beneficial use?
What is the place of use?
Can it expand over time?
How much is enough?
Holding applications for future use is due diligence
Nonuse applications for future use allowed
Additional legislation being considered

13. Title Update (ROC) Workload increasing (20% - 30% per year)
Goal to improve processing time
Additional positions tied to processing fee
Application form possibilities simplified
One right per ROC
Grantor to grantee order
Online assisted form
Online status database
Mandatory administrative process

14. Processing Applications
Changes increasing (more complex)
Prioritizing complexity for timely processing
Agency has a history of assistance
Need to focus on decision making
Applicant responsibility must increase
Providing tools to help

15. Proof / Certificates Significant backlog due in part to quality
Proofs must be complete when submitted
Must address approved application
Clearly identify beneficial use
Don’t be obscure
Certificates are a partnership with SE
Fraudulent proofs may be pursued

16. Adjudication Deliberate legal process defined in statute
Notice
Inventory of all uses, SE records
Water user claims
Proposed determination published
Objections
Court resolution to final decree
Using dedicated team to improve performance/quality
Process Improvements
“Accomplished” changes not recognized
Title updates by ROC
Quantify, quantify, quantify
Immediately identify disallowed claims

17. Water Measurement
Timely shared information is the best tool to resolve disputes
All users have responsibility to provide measuring and control devices
Partnerships are being used to automate reporting, and they work
Diversion records define use

18. Groundwater Management
Basins managed on safe yield (sustainable)
Statute charges SE to address overdrafts
Tools are priority or voluntary arrangements
Financial impact inevitable
Plans are created in public

19. Utah/Nevada Water Right Negotiations

20. Utah/Nevada (Continued)
Define the safe yield
Define existing water rights
Allocate remaining water between the states
Allow each state to manage their water

21. Questions?